N.H. Rev. Stat. § 30-B:4

Current through the 2024 Legislative Session
Section 30-B:4 - [Effective 1/1/2025] Superintendent; General Duties and Powers

The superintendent of the county department of corrections, as an agent of the county commissioners, shall be vested with all of the powers and subject to all the duties and limitations provided in this and other chapters relative to the management of county correctional facilities. These shall include, but are not limited to, the following:

I. The superintendent shall report to the board of county commissioners of his county and be answerable to it for the efficient and effective operation of county correctional facilities.
I-a. The superintendent shall manage all operations of the department and administer and enforce the laws with which the department is charged.
I-b. The superintendent shall have every power enumerated in the laws, whether granted to the superintendent, the department, or any administrative unit of the department. In accordance with these provisions, the superintendent shall:
(a) Annually compile a budget which reflects all fiscal matters related to the operation of the department and each program and activity of the department.
(b) Exercise general supervisory authority over all department employees, in accordance with applicable personnel statutes and rules.
I-c. The superintendent shall adopt such reasonable policies and procedures necessary to carry out the duties of the department consistent with this chapter.
I-d. The superintendent shall not accept, on behalf of the department, any grants of money without first obtaining the express consent of the board of commissioners.
II. The superintendent shall, under the supervision of the county commissioners, have custody of all the inmates confined to those facilities.
III.
(a) The superintendent shall, in person or by agent, receive all persons sent by lawful authority to the county department of corrections and retain them until they are released by process appropriate under law, except as provided in subparagraph (b).
(b) Whenever a person in the custody of the superintendent under subparagraph (a) is transported to a state court, the sheriff through the sheriff's deputies and bailiffs shall be responsible for custody and control of such person during the time period such person is in the courthouse.
IV. The superintendent shall monthly present to the presiding or designated justice and the clerk of the superior court in the county a certified list of all pretrial prisoners who are or have been in custody with the times and causes of their confinements or discharges.
V. The superintendent shall provide each prisoner in the superintendent's custody with necessary sustenance, clothing, bedding, shelter, and medical care including screening for and provision of medication-assisted treatment for substance use disorders where medically appropriate and regardless of whether the prisoner was receiving medication-assisted treatment prior to incarceration. "Medication-assisted treatment" means treatment approved by the Food and Drug Administration for treatment of substance use disorders, which may include, but not be limited to, naltrexone, buprenorphine, methadone, or other compounds.
VI. The superintendent of the county department of corrections shall cause to be kept a correct and itemized account of each employed prisoner's earnings and debits made and incurred on their account, and shall retain the balance of those earnings in escrow until the prisoner is discharged from the county department of corrections, whereupon the superintendent shall cause the prisoner to be paid the amount due and take a receipt.
VII. The superintendent of each county house of corrections shall collect data on the race and ethnicity of defendants sentenced to a term of imprisonment of one year or more since 2000 and shall produce an annual report containing the same data required under RSA 651:7-a, IV beginning November 1, 2024 which shall be submitted to the attorney general, the supreme court, and the chairpersons of the senate judiciary committee and house criminal justice and public safety committee.
VIII. The superintendent of the county department of corrections shall require his or her contracted behavioral health treatment providers to use validated screening tools for mental health and substance use disorder.
IX. The superintendent of the county department of corrections shall, where such providers exist and meet the security criteria for access to the facility, permit licensed community-based treatment providers and certified recovery support workers certified pursuant to RSA 330-C:19 to have contact with people in custody for the purpose of coordinating services upon reentry into the community.

RSA 30-B:4

Amended by 2024, 359:3, eff. 1/1/2025.
Amended by 2024, 320:3, eff. 10/1/2024.
Amended by 2020 , 39: 60, eff. 7/1/2021.

1988, 89:1, eff. June 17, 1988. 1998, 297:2, eff. Jan. 1, 1999. 2003, 237 : 1 , eff. Jan. 1, 2004. 2020, 39 : 60 , eff. July 1, 2021.

This section is set out more than once due to postponed, multiple, or conflicting amendments.